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Patna High CourtCR. MISC./64688/2023bail granted

Manju Devi @ Manju @ Manj v. The State Of Bihar

2023-10-17Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64688 of 2023 Arising Out of PS. Case No.-92 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Manju Devi @ Manju @ Manj Wife Of Premdhar Rai Resident Of Beur Dhibrapar, Post Office And Police Station Beur, District Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rina Kumari Wife of Sonu Kumar @ Sonu Kumar Yadav , D/O Vijindra Prasad Village- Maharajganj, P.O.- Masaurhi, P.S. - Masaurhi, District - Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 17-10-2023 Heard Mr. Ravi Shanker Pankaj, learned counsel appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends her arrest in connection with Complaint Case No. 92 C of 2022 wherein cognizance has been taken for the offences under Sections 323 and 498A of the Indian Penal Code against the petitioner and two others.

3. It is alleged that the marriage of the opposite party No. 2 was solemnized with the son of the petitioner on 01.07.2019, as per the Hindu Rites and Rituals. However, soon after the marriage, the opposite party No. 2 was subjected to demand of dowry and on account of non-fulfillment of the same

Patna High Court CR. MISC. No.64688 of 2023(2) dt.17-10-2023 2/3 the petitioner alongwith other family members tried to kill her by sprinkling kerosene oil.

4. It is submitted on behalf of the petitioner that the petitioner is a hapless lady, having no concern with the affairs of the husband and wife, and only with view to pressurize the son of the petitioner all the family members have been made accused in this case by making all sort of absurd allegation. He next submits that there is differences between the husband and wife, which resulted into filing of a petition for annulment of the marriage and having come to know about the said case, the present complaint has been instituted.

5. On the other hand, learned counsel for the State opposes the bail application.

6. Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that prior to the institution of the present complaint case there had already been a T.S. No. 2 of 2022 for annulment of the marriage between the opposite party No. 2 and her husband, let the petitioner, above named, be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs. 10,000/- (ten thousand)

Patna High Court CR. MISC. No.64688 of 2023(2) dt.17-10-2023 3/3 with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Masaurhi, Patna in connection with Complaint Case No. 92 C of 2022, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) saurabhkr/- U T